In a landmark verdict of 2018, the Supreme Court of India gave the freedom of choice inherent to every citizen of India to the people whose love knew no boundaries. Set backward by social norms, general apathy and depressing shame, the homosexuals came out of the closet with a trumpet of victory blowing loudly at the horizon. The rising sun which started with anxiety set with beautiful colours of setting sun when the verdict hit the newsstands. The judgement of Supreme Court struck down the colonial era Section 377 and allowed the decriminalizing consensual sex between same sex adults. There were loud cheers, quiet fist pumps, sweet feelings, salty tears and the essence of freedom enveloped the hearts which felt at ease. Finally the freedom.
It has been two years since the judgement was announced and the changes needs to be evaluated. It will be wrong to say that the writer understands what has changed and what has not, but for a moment let's just look at the facts.
Section 377
The Section 377 was included in Indian Penal Code by British Colonial government in 1860s criminalizing unnatural nature of sexual intercourse. It mentioned the voluntary intercourse against the order of nature with any man, woman, animal.
It had a provision of imprisonment of up to 10 years along with a fine as deemed fit against the offence.
Requirement of change
Before the legalization of homosexuality, there was not provision in Indian law for civil partnerships or for the recognition of the same sex marriages. Same sex couples were not permitted to adopt children jointly as a couple.
The law had left individuals open to harassment, beatings and blackmail. Many were and are still forced into loveless, sexless marriages. Many remain as pariah, away from families and loved ones in fear of facing backlash at an emotional level.
Wind of change
The issue caught eye of storm in 2001 when Naaz Foundation approached the Delhi High Court with a PIL which had decriminalized sex between consenting adults of the same gender by holding the penal provision as "illegal". The case however was dismissed in 2004 saying that there is no cause of action and purely academic issues cannot be examined by the court.
In 2009, Delhi High Court bench decided to repeal Section 377 saying that it violates fundamental rights to life, liberty and equality as mentioned in Constitution of India.
However in 2013, the Supreme Court overturned the 2009 Delhi High Court judgement saying that criminalizing homosexuality is not against Constitution
In 2016, the apex court heard the writ petitions filed by dancer Navtej Jauhar, journalist Sunil Mehra, chef Ritu Dalmia, hoteliers Aman Nath and Keshav Suri and business executive Ayesha Kapur and 20 former and current students of the IITs.
Same sex marriages are not legally recognized by the Government of India
In 2011, Haryana court granted legal recognition to a same sex marriage involving two women.
What has changed?
Before the verdict, the institutional resources have grown in considerable number for the LGBTQIA+ community to reach out for. The counsellors who earlier approached the orientation as a form of illness, have changed or are trying to change their attitudes towards the individuals. Instead, they are mobilising the process of adjusting and coming in terms with the fact for the families.
Olympian
sprinter Dutee Chand became first
openly gay athlete in 2019 where she triggered a series of conversations where
the attitude of society towards homosexuals came to front. She openly discussed
her stories and tried to normalize it for the society.
Bollywood is reacting cautiously but somehow progressively. Fire (1996 film directed by Deepa Mehta) faced violent backlash from the audience where movie was banned from playing in theatres. The movie was allowed to be played only after court intervention. However, in 2019 ’Ek ladki to dekha to aisa laga’ was received with watered down response from those against homosexuality. In some of the recent web series available for Indian audience, homosexuality is being openly portrayed by star celebrities.
The legalizing of homosexuality has led companies to advertise their friendly and non-threatening working culture which promotes safe haven for sexual minorities.
Long way to go
The black-tinted glasses of what is considered as normal needs to go to give a way to more kaleidoscopic one. There is a need to treat LGBTQIA+ as citizens of India and treat them under the same Constitution irrespective of their orientation.
Right to own and inherit property, nominate their same sex partners on hospital and insurance forms, receive legal recognition of same sex relationship and marriage. Many petitions have been applied for the same
In 2019, transgender activist Grace Bhanu filed a PIL in Madras High Court seeking reservation for transgenders in education and public employment.
In April 2019, the Madurai bench of the Madras high court upheld the marriage between a man and a trans woman, who approached the court after registration authorities refused to recognise the union, saying that a trans woman couldn’t be considered a bride under the Hindu Marriage Act, 1955.
A lot has changed and still a lot needs to be changed.
इस तरह खो गया हूँ मैं अपने वजूद मैं
अब ख़ुद को ढूँडता हूँ मैं अपने वजूद में
कुछ इस तरह से ढाए हैं हालात ने सितम
गुम हो के रह गया हूँ मैं अपने वजूद में
नायाब' इंक़िलाब-ए-ज़माना की है दलील
बदलाव देखता हूँ मैं अपने वजूद में
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